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(영문) 서울북부지방법원 2015.05.14 2015고단515

특정범죄가중처벌등에관한법률위반(위험운전치사상)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On December 31, 2014, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) driven a Cystren car with a blood alcohol concentration of 0.105% around 03:0, and driven the Cystren car with a two-lane distance from the river basin of Dobong-gu Seoul Metropolitan Government.

The Defendant, while under the influence of drinking alcohol such as inabrupting a light on the inside of the inside, where normal driving is difficult due to the influence of drinking, etc., the Defendant suffered injury to the victim E (n, 44 years old) who has dried a road on the right side from the left side of the mashed direction to the right side of the said vehicle, by taking the victim E (n, e.g., the 44 years old) into the road.

2. The Defendant violated the Road Traffic Act (driving) at the same time driven the said vehicle while under the influence of alcohol of about 0.105% of the blood alcohol concentration from the front of the Geumcheon Youth Training Center located in Geumcheon-ro 54, Geumcheon-gu, Seoul, to the front of the said 35km road.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. A traffic accident occurrence report;

1. A traffic accident report;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. A report on investigation (with respect to the application of the Rodmark formula);

1. A report on internal investigation (on-site investigation and for victims);

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 5-11 of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act and the choice of fines for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that a provisional payment order shall be issued.